APPENDIX A2
The Council currently uses two Bailiff Companies, and has signed Codes of
Practice in place with both parties:
Bristow & Sutor.
Civil Enforcement Agents,
Bartlett Road, Washford, Redditch, Worcestershire, B98 0FL.
County Legal Services.
Certified Bailiff’s,
Rutland House, 23 – 25 Friar Lane, Leicester, LE1 5QQ.
Agreement for the Provision
of Bailiff Services in Respect of
Council Tax
and Business Rates.
Harborough District Council,
Council Offices,
Adam & Eve Street,
Market Harborough,
Leicestershire,
LE16 7AG.
Contact: Mr Dave Shawley (Revenues & Benefits Manager).
Telephone: (01858 -821222 ).
E-mail address: [email protected]
Contact: Ms Michelle Radcliffe (Corporate Debt Team Leader).
Telephone: (01858-821277)
E-mail address: [email protected]
APPENDIX A2
Contents
1. Introduction ................................................................................................. 3
2. Terms used .................................................................................................. 3
3. Professionalism and conduct of the enforcement agent ............................. 3
4. Statutory or Financial Requirements for Enforcement Agencies ............... 4
5. Training and Certification ........................................................................... 4
6. Complaints/Discipline ................................................................................ 5
7. Information and confidentiality .................................................................. 5
8. Procedure to be adopted by Enforcement Agency upon receiving Liability
Orders from the Council. ................................................................................ 6
9. Times and Hours ......................................................................................... 7
10. Goods ........................................................................................................ 7
11. Vulnerable situations ................................................................................ 7
12. Arrangement for payments ....................................................................... 8
13. General ...................................................................................................... 9
14. Monitoring .............................................................................................. 10
15. Period of agreement………………………………………...……… .10
16. Agreement Signatories……………………………..……………… .10
APPENDIX A2
CODE OF PRACTICE FOR BAILIFFS
1. Introduction.
This Code of Practice has been produced to standardise the operation of bailiffs
working for Harborough District Council within Leicestershire to ensure a consistent
approach to debt collection – primarily the recovery of Council Tax and the National
Non-Domestic Rates. This Code of Practice forms the agreement between the parties.
This document provides guidance to bailiffs on some issues which may not be
specifically covered in legislation, but which are relevant in a modern society.
2. Terms used.
In this document we have used the following terms:
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Council: Harborough District Council.
Debtor: is a person or body that owes a sum of money – and for which a
liability order has been obtained in the Magistrates Court. The Debtor should
behave lawfully and be encouraged to co-operate with the enforcement agent.
Enforcement: in this document we mean the lawful process of a liability
order, to include attachment of earnings, distraint and levying on goods.
Enforcement Agency: Bristow & Sutor.
Enforcement Agent: someone who is responsible for the enforcement of
court orders against goods (warrants of distress and execution) or the person
(arrest warrants); we include those employed in the public and private sector,
bailiffs, sheriffs' officers and distrainors.
3. Professionalism and conduct of the Enforcement Agent.
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Enforcement Agents must always produce relevant identification on request,
such as a badge or ID card, together with a written authorisation to act on
behalf of the Council.
Enforcement Agents must act within the law at all times, including all defined
legislation and observe all health and safety requirements in carrying out
enforcement. They must maintain strict client confidentiality and comply with
Data Protection legislation and, where appropriate the Freedom of Information
Act.
Enforcement Agents, for the purpose of distress or execution shall, without the
use of unlawful force, gain access to the goods. The enforcement agent will
produce an inventory of the goods seized and leave it with the Debtor, or at
the premises, with any other documents that are required by regulations or
statute.
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Enforcement Agents must carry out their duties in a professional, calm and
dignified manner. They must dress appropriately and act with discretion and
fairness.
Enforcement Agents must not misrepresent their powers, qualifications,
capacities, experience or abilities.
Enforcement Agents must not discriminate unfairly on any grounds including
those of age, disability, ethnicity, gender, race, religion or sexual orientation.
In circumstances where the Enforcement Agency requires it, and always
where there have been previous acts of, or threats of violence by a Debtor, a
risk assessment should be undertaken prior to the Enforcement Agent
attending a debtor's premises.
4. Statutory or Financial Requirements for Enforcement
Agencies.
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The Enforcement Agency must ensure that all recovery activities are
conducted in strict accordance with the :
(a) Council Tax (Administration and Enforcement)(Amendment)(No 2)
(England) Regulations 2003 (b) Non-Domestic Rating (Collection and
Enforcement)(Local Lists)(Amendment) Regulations 2003.
The Enforcement Agency should ensure that audited accounts are available on
request.
The Enforcement Agency must comply with statutory obligations, for
example, the Companies Act, Value Added Tax, Inland Revenue provisions,
Data Protection, Health & Safety etc.
A separate account for monies due to the Council should be maintained and
accurate books and accounts should be kept and made available to establish
monies owed to the Council.
The Enforcement Agency must keep a complete record of all financial
transactions in whatever capacity undertaken.
The Enforcement Agency must maintain suitable and comprehensive
insurance cover for both professional indemnity and other risks including
employer's liability and public liability. Insurance requirements must actively
be re-visited each year to the satisfaction of the client and to ensure adequate
and appropriate arrangements are in place.
5. Training and Certification.
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The Enforcement Agency must ensure that all agents, employees and
contractors are provided with appropriate training to ensure that they
understand and are able to act, at all times, within the bounds of the relevant
legislation. This training should be provided at the commencement of
employment and at regular intervals afterwards to ensure that the agent's
knowledge is kept up to date.
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The Enforcement Agency must ensure that all employees, contractors and
agents will at all times act within the scope of current legislation, i.e. The
Companies Act, VAT, Inland Revenue provisions, Data Protection, Health and
Safety etc, and have an appropriate knowledge and understanding of it and be
aware of any statutory obligations and provide relevant training.
The Enforcement Agency must ensure that all employees, contractors and
agents should be trained to recognise and avoid potentially hazardous and
aggressive situations and to withdraw when in doubt about their own or others'
safety. Professional training/assessment should be to an appropriate standard,
for example to that of the NVQ for Civil Enforcement Officers; The
Enforcement Agency must ensure that legislation restricting the enforcement
activity to certificated bailiffs is complied with.
6. Complaints/Discipline.
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The Enforcement Agency must operate complaints and disciplinary
procedures with which agents must be fully conversant.
The complaints procedure should be set out in plain English, have a main
point of contact, set time limits for dealing with complaints and an
independent appeal process where appropriate. A register should be
maintained to record all complaints.
The Enforcement Agency is encouraged to make use of the complaints and
disciplinary procedures of professional associations such as the Association of
Civil Enforcement Agencies or the Enforcement Services Association.
The enforcement agent must make available details of the comments and
complaints procedure on request or when circumstances indicate it would be
appropriate to do so.
There may be some complaints raised by Debtors which need to be brought to
the attention of the Council. Copies of any relevant correspondence must be
forwarded to the Council where appropriate within seven days.
7. Information and confidentiality.
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All notices, correspondence and documentation issued by the Enforcement
Agency must be clear and unambiguous and to the satisfaction of the Council.
On returning any un-executed warrants, the Enforcement Agent should report
the outcome to the Council and provide appropriate information.
All information obtained during the administration and enforcement of
warrants must be treated as confidential.
Enforcement Agents should provide clear and prompt information to Debtors.
Enforcement Agents should, so far as it is practical, avoid disclosing the
purpose of their visit to anyone other than the Debtor. Where the Debtor is not
seen, the relevant documents must be left at the address in a sealed envelope
addressed to the Debtor.
Enforcement Agents will on each and every occasion when a visit is made to a
Debtor's property which incurs a fee for the Debtor, leave a notice detailing
APPENDIX A2
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the fees charged to date, including the one for that visit. Also the fees which
will be incurred if further action becomes necessary. If a written request is
made an itemised account of fees will be provided.
Enforcement Agents will clearly explain and give in writing, the consequences
of the seizure of a Debtor's goods and ensure that Debtors are aware of the
additional charges that will be incurred.
8. Procedure to be adopted by Enforcement Agency upon
receiving Liability Orders from the Council.
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The Enforcement Agency will log all liability orders onto the system within 2
working days of receipt from the Council. Within a period of a further 5
working days any reference number will have been assigned and the Council
notified accordingly.
Enforcement Agents will attempt to contact the Debtor within 5 working days
by personal visit to obtain payment. If payment in full is not obtained then the
agent must seek to make an arrangement to clear the amount. This
arrangement must be within the guidelines set out by the Council. Whether an
arrangement is agreed or not, the agent must seek the employment and or
benefit details of the Debtor.
Payment arrangements should not normally exceed a period of 6 months for
Council Tax and 3 months for Non Domestic Rates and must be confirmed in
writing to the Debtor. If it appears that the Debtor may be eligible for benefit
the bailiff should advise that they contact the Council direct. If a Bailiff
wishes to extend the time given for payment, it must be by authorisation of the
Council.
If the agent is unable to make contact with the Debtor on that first visit, details
of how to contact the agency, along with details of the debt should be left at
the premises in a sealed envelope. Up to two further personal visits must be
attempted by the Agency – these to be at least 36 hours apart – in order to
make contact with the Debtor with one visit being made after 6.00 pm on a
weekday, or between 8.00 am and 4.00 pm on a Saturday.
All liability orders must be returned within 6 months of the
instruction unless a longer period has been authorised by the Council.
When attempting to levy distress, should it be found that a benefit, discount
claim or appeal has been submitted and not determined, the Council shall be
informed and enforcement shall be deferred for a period of 7 working days so
that the application can be properly processed, following confirmation by the
Council.
If during contact with the Debtor employment details or receipt of Income
Support is established, this should be clearly advised on any return to the
Council.
APPENDIX A2
9. Times and Hours.
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Enforcement should not be undertaken on Sundays, on Bank Holidays, on
Good Friday or on Christmas Day/Boxing Day, unless the court specifically
orders otherwise or in situations where legislation permits it.
Enforcement should only be carried out between the hours of 6.00am and
9.00pm or at any time during trading hours, existing legislation must be
observed.
Enforcement Agents should be respectful of the religion and culture of others
at all times. They should be aware of the dates for religious festivals and
carefully consider the appropriateness of undertaking enforcement on any day
of religious or cultural observance or during any major religious or cultural
festival.
10. Goods.
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Enforcement Agents must only take goods in accordance with the appropriate
regulations or statute.
Enforcement Agents must ensure that goods are handled with reasonable care
so that they do not suffer any damage whilst in their possession and should
have insurance in place for goods in transit so that if damage occurs this is
covered by the policy.
Enforcement Agents should not remove anything clearly identifiable as an
item belonging to, or for the exclusive use of a child.
A receipt for the goods removed should be given to the Debtor or left at the
premises.
Enforcement Agents should take all reasonable steps to satisfy themselves that
the value of the goods impounded in satisfaction of the judgment is
proportional to the value of the debt and charges owed.
A schedule of goods that cannot be seized forms part of the annex.
Enforcement Agents must receive approval from the Council before removal
of goods in all cases.
11. Vulnerable situations.
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Enforcement Agents must recognise that they have a role in ensuring that the
vulnerable and socially excluded are protected and that the recovery process
includes procedures about how such situations should be dealt with. The
appropriate use of discretion is essential in every case and no amount of
guidance could cover every situation, therefore the agent has a duty to contact
the Council and report the circumstances in situations where there is potential
cause for concern. If necessary, the Enforcement Agent will advise the
Council if further action is appropriate. The exercise of appropriate discretion
is needed, not only to protect the Debtor, but also the Enforcement Agent who
APPENDIX A2
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should avoid taking action which could lead to accusations of inappropriate
behaviour.
Enforcement Agents must withdraw from domestic premises if the only person
present is, or appears to be, under the age of 18; they can ask when the Debtor
will be home or other methods of contact [e.g. a ‘mobile’ phone number] - if
appropriate.
Enforcement Agents must withdraw without making enquiries if the only
persons present are children who appear to be under the age of 12.
Wherever possible, Enforcement Agents should have arrangements in place
for rapidly accessing translation services when these are needed, and provide
on request information in large print or in Braille for debtors with impaired
sight.
Those who might be potentially vulnerable include:
 severely physical or mentally disabled;
 the elderly those 70 or more years;
 people with a disability;
 the seriously ill;
 the recently bereaved;
 single parent families;
 pregnant women 35 weeks or more;
 unemployed people; and,
 those who have obvious difficulty in understanding, speaking or
reading English.
In all the above cases the Enforcement Agency will take no further action and refer
the cases back to the Council for guidance.
The Bailiff will take no further action and will refer to the Council in all the following
circumstances:
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The debtor is over 65 years of age.
The debtor (or debtors partner) is suffering from serious long-term or acute
illness, or is fragile because of advanced age or disability
12. Arrangement for payments.
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In all cases, the Enforcement Agents should attempt to collect the full
balance outstanding at the time of the initial visit, but if this is not
possible every effort must be made to enter into either an agreement to
pay at weekly, fortnightly or monthly intervals.
The Enforcement Agent has discretion to accept a Debtors proposal for
payment by instalments. The Enforcement Agent should take a
judgement regarding the best way to recover debt in the particular
circumstances of each case weighing up the apparent net income of
the Debtor and the goods available for sale.
The Enforcement Agent may, at his discretion, give instalments up to a
maximum of six months and this may be extended for a further period
with the permission of the Council.
APPENDIX A2
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Payments by cheque must be accepted unless there is a previous
history of dishonoured cheques from the Debtor
The Enforcement Agent must issue numbered official receipts for all
payments collected, where a pre-paid envelope is provided by the
customer.
The Enforcement Agent must not charge the Debtor an arrangement
fee, fees for dishonoured cheques or any other fee not expressly
allowed by law.
When making an arrangement all Debtors will be expected to enter into
a walking possession agreement under which goods are itemised on a
list as security in the event of payments not being received. A copy of
the list must be left with the Debtor.
The Enforcement Agent will contact the Council immediately if a Debtor
claims their account has been paid, and will take not further action until
they receive confirmation or a response from the Council.
13. General.
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The Enforcement Agency will forward employment details (if held) to the
Council for both paid in full and returned cases.
The Enforcement Agency shall have office and telephones manned from 9.00
am until 5.00 pm so that Debtors can contact them. Calls must be answered
within 10 rings.
The Enforcement Agency will provide the facility for a direct access to their
records and sufficient training to allow Council’s staff access during the hours
of 8.00 am to 6.00 pm.
The Enforcement Agency will provide the Council with a dedicated telephone,
separate from the public.
The Enforcement Agency will respond to or acknowledge all correspondence
within 5 working days.
The Council reserves the right in exceptional circumstances to request the
Enforcement Agency to inform the Debtor in writing that the Liability Order is
being executed prior to a visit.
The Council is to be provided with copies of all documentation to be issued by
the Enforcement Agency, and reserves the right to request amendments during
the term of this agreement.
Whilst it is expected that the majority of liability orders will be for Debtors
who live in Leicestershire, the Enforcement Agency must give a national
coverage so that liability orders can be executed anywhere in England and
Wales.
If the Enforcement Agency assigns liability orders to another firm of
Enforcement Agents in a different locality, the firm which is assigned to must
be a member of the Certificated Bailiffs Association and must be approved by
the Council.
Any costs which are charged which are different to the charges laid down in
this agreement shall be borne by the Enforcement Agency themselves and not
passed on to the Council.
APPENDIX A2
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A copy of the Enforcement Agency professional indemnity insurance policy
will be required by the Council on appointment and at renewal dates.
14. Monitoring.
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The following areas will be monitored as shown.
Regular inspections of the Enforcement Agency’s premises will be carried out
by the Representative, of the Council.
Regular meetings (not less than quarterly) will be arranged to assess
performance standards and discuss any failure in delivery. The Enforcement
Agency at his own expense shall allow relevant staff to attend these meetings.
The Enforcement Agency will supply monthly and cumulative statistics to the
Council within five days of the end of each month in relating to Council Tax,
and Non-Domestic Rates.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
The number of liability orders received by the Enforcement Agency
(and cash value).
The number of liability orders returned by the Enforcement Agency
(and cash value).
The number (and cash value) of (b) which have been returned paid in
full.
The number (and cash value) returned certificated.
The number (and cash value) returned at each the Council’s request.
The number (and cash value) returned for “other” reasons.
The number (and cash value) of liability orders currently in possession
of the Enforcement Agency.
The number (and cash value) or liability orders in the possession of the
Enforcement Agency for a period of greater than six months.
The number (and cash value) of liability orders currently on hold at the
request of the Council.
The number (and cash value) of liability orders currently on
arrangement.
The percentage of (a) collected.
The total cash collected
The number of complaints received about the bailiffs actions.
___________________________________________________________
15. Period of Agreement.
This agreement shall run for an initial period of three years commencing on the date
of the signature of all parties.
APPENDIX A2
Agreement Signatories.
Signed By:
Dated:
Position on behalf of:
Harborough District Council,
Council Offices,
Adam & Eve Street,
Market Harborough,
Leicestershire,
LE16 7AG.
Signed By:
Position on behalf of:
Enforcement Agency Details.
Dated: